What practice owners need to know about implementing a COVID-19 vaccine policy in the dental office

Vaccine tracking considerations to maintain confidentiality and minimize discrimination risks
January 19, 2021
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Quick Summary:
The EEOC issued guidance indicating that employers may encourage or possibly require COVID-19 vaccinations under certain circumstances. Rather than implementing mandates, CDA Practice Support is advising practice owners to focus on taking steps that encourage team members to get vaccinated.

The U.S. Equal Employment Opportunity Commission in December 2020 issued guidance indicating that employers may possibly require COVID-19 vaccinations, but policies must comply with the ADA and Title VII of the Civil Rights Act of 1964.

Consider before mandating

Requiring employees to get vaccinated can lead to difficult decisions and possible legal implications. Rather than implementing mandates, CDA Practice Support is advising practice owners to focus on taking steps that encourage team members to get vaccinated.

If a practice owner chooses to mandate COVID-19 vaccines in the dental practice, exceptions must be made for employees who cannot be vaccinated due to a disability, medical complications, pregnancy or sincerely held religious beliefs.

The practice owner also must provide reasonable accommodations, such as allowing the employee to work remotely or take a leave of absence. Should an employee experience health complications after receiving the vaccine, this would likely be considered a workplace injury under workers’ compensation.

Employers are permitted to ask about an employee’s vaccination status but should refrain from asking follow-up questions about why an employee did not receive a vaccination. Such inquiries can prompt the employee to disclose disability-related information that could violate the Americans with Disabilities Act.

All vaccination questions should be job related and consistent with business necessity. Practice owners can ask to see an employee’s vaccination card but should warn the employee not to provide any medical information as part of the proof.

An employee’s vaccination status should not be shared with any dental team members or patients.

Focus on education, fair implementation

To motivate team members to get vaccinated, practice owners could:

  • Develop vaccination education campaigns

  • Make obtaining the vaccine as easy as possible for employees

  • Cover any costs that might be associated with getting the vaccine

  • Provide a small incentive to employees who get vaccinated

  • Provide paid time off for employees to get the vaccine and recover from any potential side effects

All practices and programs concerning COVID-19 vaccines should be implemented fairly and consistently throughout the dental office. If a practice owner chooses not to mandate a vaccine policy in the dental office, they cannot require a new hire to get vaccinated.

Minimize workplace harassment

Practice owners should be mindful of not creating or allowing a hostile atmosphere that isolates employees who cannot or choose not to be vaccinated. Treating an employee differently because of their vaccination status could put an employer at risk for a discrimination claim.

As a reminder, an employee’s vaccination status should be strictly confidential and should not be used to make employment decisions.

Maintain best safety practices 

A fully vaccinated staff in a dental office does not completely reduce the practice owner’s liability or obligations to maintain workplace safety standards.

Dental practices should comply with the Cal/OSHA COVID-19 Prevention Non-Emergency Regulations that require dentists and dental team members to wear face masks when performing clinical procedures and should wear respirators in areas where aerosol-generating procedures are being performed.

As of April 3, 2023, California no longer requires providers, patients and visitors to wear face masks in health care settings, with the exception of clinical staff during procedures. However, Patients, visitors and nonclinical workers always have the option to wear a face mask or respirator and cannot be prevented from doing so. CDPH recommends that any individual with respiratory symptoms, such as a cough, wear a mask when around others.

Dental practices must continue to screen patients for COVID-19 prior to and at their appointments in accordance with the exemption requirements of the aerosol transmissible disease regulation. 

CDA members can reference CDA's Sample Mandatory Vaccination Policy with instructions, Mandatory COVID-19 Booster Policy, sample declination and accommodation request forms and other employee management policies in the CDA resource library. 

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